Possession, Manufacturing, and Delivery of a Controlled Substance crimes can range from misdemeanor cases of possession of marijuana to first-degree felony cases involving the possession, delivery or manufacturing of methamphetamine, crack cocaine, LSD, heroin, or other controlled substances where the defendant could face a maximum sentence of life in the penitentiary. Whether you are charged with a misdemeanor marijuana case or facing life in prison for Delivery, Possession or Manufacturing of a Controlled Substance, it is imperative that you contact a lawyer highly experienced in these types of cases immediately.

Possession

Possession is defined, under Texas Law, as the care, custody, control or management of an item. You do not have to have the drugs on your person or even actually own it. If the drug is found to be in your care (holding it for someone else), custody, control (don’t own it, it’s not on you, but you could control what happens to it), or management, then you are in possession of it. Additionally, more than one person can possess the same item at the same time. The prosecutors have a very broad definition of possession when prosecuting an individual for this crime. For example, it is not uncommon to see law enforcement charge everyone in the car with Possession of a Controlled Substance, where drugs were found in the center console of a car many people were riding in. Even if you did not know the drugs were in the car you were a passenger in, does not mean you will not be arrested and charged with the crime.

In cases where an individual is charged with Possession of a Controlled Substance, it is important that the case be thoroughly investigated and the evidence highly scrutinized to show a lack of “affirmative links” connecting you to the drugs. Additionally, the process of collecting, storing, and testing of the controlled substance should be looked at very carefully to make sure the evidence was not tampered with, cross contaminated and the integrity of the item was not compromised.

What makes a Possession case a felony or a misdemeanor is based solely on what the controlled substance is and the weight of the drugs that are the subject of the charge.

Manufacturing

Is defined as the production, preparation, compounding or processing of a controlled substance, other than marijuana, directly or indirectly by extraction from a substance of natural origin and includes the packaging or repackaging of the substance or labeling the container the controlled substance is in.

In a criminal trial for possession or manufacturing of a controlled substance, the law allows for the total weight of the controlled substance to be calculated to include the weight of adulterants and dilutants. Adulterants and dilutants are substances that are added to or mixed with the controlled substance during the manufacturing process to add bulk or quantity to the controlled substance.

Charges for Manufacturing of a Controlled Substance, under the Health and Safety Code and Texas Controlled Substances Act, can be very complex. Additionally, Manufacturing cases can carry very severe sentences if convicted. It is important to hire a lawyer who is experienced in these cases to make sure every possible aspect of your case, the evidence and possible defenses are looked at. If you have been arrested for Manufacturing of a Controlled Substance call me immediately and let me get to work on your case.

Delivery

In Texas there are three ways that a delivery of a controlled substance can occur: 1.) actual transfer, 2.) constructive transfer and 3.) offer to sell. Actual transfer occurs when one person transfers the real possession of the controlled substance from one person to another. Constructive delivery is when one person gives the controlled substance to an intermediary, who then transfers it to a third party. Delivery can also occur with nothing more than making the drug available to another person by placing the drug within his reach, even though there is no actual handling of the thing from one person to another.

The evidence in cases for Delivery of a Controlled Substance, as well as the facts of each case, have to be looked at very closely to see if the legal requirements for delivery are met. For example, in constructive delivery cases the evidence must show that the person transferring the drug to the intermediary had either direct or indirect control of the substance transferred and knew the existence of the third party before the delivery.

POSSIBLE DEFENSES IN POSSESSION OR MANUFACTURING AND DELIVERY CASES:

In East Texas, District Attorney’s Offices aggressively prosecute drug crimes. Having served as Smith County’s Longest Serving Prosecutor and Elected District Attorney for 23 years, I am well acquainted with both the prosecution tactics in litigating these cases and effective ways to defend them. Whether you’ve been charged with possession, manufacturing or delivery of a controlled substance, experienced criminal defense lawyer can drastically improve the chances of successfully defending your case.

One possible defense is to challenge the legality of the search of your person, home or car, and the seizure of the evidence. The Fourth Amendment provides protection against unreasonable searches and seizures. If an officer does not have probable cause to search, or a valid search warrant, then performing a search is illegal, even if the officer finds illicit drugs in your home, vehicle, or on your person. In this scenario, a motion to suppress evidence can be filed, keeping that evidence from being used against you during trial. This is just one of the many possible defenses that we can use to argue your case and ensure that your rights are protected and your case is prosecuted fairly.

I have successfully tried before a jury many Possession, Manufacturing and Delivery of a Controlled Substance cases. If you have been charged with a drug crime and need an experienced lawyer in Tyler, TX or the surrounding areas, call the Law Offices of Attorney D. Matt Bingham today to schedule your free initial consultation.

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